San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1887-09-28
LAW VERSUS SENTIMENT.


II 1t be the duty OF the church to
strive after ideal states OF society and
an ideal perfection, 1t is no less the duty
OF government to strive after the best
practicable results under the existing
imperfect social conditions. A wise law
giver will not enquire for the abstract
right but for the sttainable good. Law
is with him a practicable rule OF CON
duct, not an impracticable declaration
of a relation which should, but certain
ly does not govern the great body Of the
people. Laws, good laws wise laws,
humane laws, common sense laws, are
such rules of conduct as the average
man and the average woman can and
should yield obedience TO. A law which
is not that is of no value as a regulation
In society. 1t is either too strict and so
fails Of being Obeyed, or it Is TOO
lax and so fails of exercising any
regulating force.
Our law makers, either ignorant or
unmindful of these facts, have ignored
them to the great injury of society and
the inevitable cultivation of spirit Of
dIsobedence TO law and an utter disre-
gard of all its interdiGIiOn5. The statute
books of this state are numbered with a
mass Of laws which are a dead letter,
and of whose very existence there even
the generally well informed OF our citi-
Zens are absolutely ignorant. This fact
is pOintedly alluded to in the grand jury
report for this county, given 20 the read
ers Of the LIGHT In yesterdays issue.
that grand jury In wise discharge OF
its duty asked that some means be taken
to tea the average citizen the intriea-
cies OF the network OF legal prohibitions
which enGirCle him, before he is pun
ished for not complying Herewith.
There is In this very report food for re-
Election. 1t is simply impossible to en-
force existing laws, because they are not
framed TO regulate the conduct OF the
average man or woman, but to meet
ideal and Improbable conditions Of So
ciety. All that remains for the exeou-
tive is to shut his eyes TO much that 10
contained in the statute and enforce
that which is of general application, or
meets general approval.
That this lie so is evident from another
utterance Of that same grand jury.
Speaking Of the vast number Of indict-
ments returned by them, the grand jury
remarks: MANY are against those I'M
fortunate persons who have through
habit and association become Outoasts.
No reasonable person can expect to
abolish evils that have existed since the
beginning, nor do We. Our action,
therefore, is to compel these annOyances
to be kept out OF prblic view," This
report meets the very case at Issue.
The moral sense, church sense, OF go
ciety is shocked at the very contempla-
tion of those unfortunates, and has or
dered that law shall only decree their
determination. Untsught by ages OF
experience that law has no force Of edu-
cation In it, that law cannot abolish
what 1t denoUnces, that a public senti-
ment and public necessity must be be-
hind the law to make it effective-un-
needing this, no practical measures OF
restraint are laid down for this outcast
class ''to compel them to keep out Of
public view" These outcSsts must and
should come under the dominion Of law.
A law practical and humane, which, rec
ogni7ing alike their existence and the
necessity of shielding the public eye
from their unsightliness, protects them
from the sharks Of a pretended justice
at the same time that It protects society
from their presence.
This is a practical question Of legisla.